Current through all regulations passed and filed through September 16, 2024
(A) The commission may grant a motor carrier
operating in intrastate commerce, a temporary exemption from some or all
provisions of this chapter when any of the following apply:
(1) When such action is consistent with
regulatory relief issued by the U.S. department of transportation for carriers
in interstate commerce.
(2) When
the chairperson of the commission or the chairperson's designee has declared a
transportation-specific emergency due to severe weather conditions, earthquake,
flood, drought, fire, famine, epidemic, pestilence, unusual interruption of any
public utility services, or other calamitous visitation or disaster.
(3) When the governor of this state has
declared an emergency.
(B) Because situations necessitating
temporary exemption pursuant to paragraph (A) of this rule are often
unforeseeable, the commission may designate one or more of its employees to
issue a document granting such exemptions.
(C) The director of the commission's
transportation department may grant regulatory relief to motor carriers
operating in intrastate commerce from the hours of service regulations when any
of the following apply:
(1) When the U.S.
department of transportation has issued a notice granting regulatory relief to
motor carriers in interstate commerce, where
the relief
is
equivalent in scope, coverage, and duration to that granted by the U.S.
department of transportation.
(2)
When the U.S. department of transportation has not acted and an application for
regulatory relief is made by a motor carrier or trade association representing
motor carriers pursuant to the following procedure:
(a) The applicant submits to the director a
request for regulatory relief that includes an explanation of the circumstances
necessitating the requested regulatory relief and how the circumstances have
impacted motor carrier operations demonstrating the
need for the relief.
(b)
Following receipt of a request, the director may grant temporary regulatory
relief in cases where the applicant has stated adequate grounds for relief.
Considerations for the
written notice
granting temporary regulatory relief
include the scope, coverage, and duration of the
relief.
(c) Regulatory relief
granted pursuant to paragraph (C)(2) of this rule is subject to the following
limitations and conditions:
(i) No motor
carrier that has been declared out-of-service, has had its authority to operate
revoked, or otherwise has been ordered to cease operations, by the U.S.
department of transportation or the commission,
is
eligible to operate under the regulatory relief.
(ii) A motor carrier operating under the
regulatory relief shall keep a copy of the notice granting regulatory relief in
each motor vehicle operating under such relief and shall maintain it at the
motor carrier's principal place of business for one hundred eighty days from
the expiration of the relief.
(iii)
Nothing in a grant of regulatory relief limits or otherwise alters a motor
carrier's duty to monitor its drivers, to maintain record of duty status in
conformance with 49 C.F.R. 395, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, and to ensure its drivers are not operating while ill,
fatigued, impaired, or otherwise unable to safely operate a commercial motor
vehicle.
(D) No exemption or other relief from
regulation granted pursuant to paragraph (A) or (C) of this rule relieves a
person from compliance with the regulations of the U.S. department of
transportation contained in 49 C.F.R. 383, as effective on the date referenced
in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, as applicable, and the regulations contained in 49 C.F.R.
107, subparts f and g, and 171 to 180, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, as applicable, which have been adopted by the commission
pursuant to rule
4901:2-5-03 of the
Administrative Code.
(E) The
commission may, upon its own motion or upon a request by a motor carrier or
other interested party:
(1) Submit an
application to the U.S. department of transportation to obtain an exemption for
state laws and regulations for specific industries involved in intrastate
commerce, pursuant to 49 C.F.R. 350.343, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code.
(2) Submit an
application to the U.S. department of transportation for a variance from the
federal motor carrier safety regulations for intrastate commerce pursuant to 49
C.F.R. 350.345, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code.
